Speeding Tickets

Harold Dee, Attorney at Law, P.C.By far, speeding convictions take more New York drivers off the road than any other violation. New York State will suspend or revoke a motorist who has three or more speeding convictions (and/or misdemeanors) for violations that occurred within the same eighteen month period. Many times the operator is completely unaware of NY's stringent rules requiring a six month revocation of one's driving privileges once three speeding convictions have occurred. Strange as it may seem, a motorist could be off the road for six months with only five (5) points on his/her license. For example, if each of three speeding charges are bargained down to just five miles over the limit (60/55 mph zone) from a higher charge (i.e., 80/55 @ 6 points), the point total for each speed is only 3 (see chart within 1-10 mph over the limit is assessed three points) yielding 9 points before taking the Driver Safety Course which offers a four point reduction of the driver's point total. Once the course is completed the motorist point total is only five (5) yet there is a six month revocation for having incurred three speeding (or misdemeanors) convictions within the same eighteen month period.

DMV doesn't care how many miles a year you drive. The Sunday driver gets the same point allotment that a taxi driver receives. The new Driver Responsibility Assessment is another surcharge on individuals who operate vehicles in NY. Now, if you are unlucky enough to have been found guilty of at least six points, there is a DMV surcharge of $300.00 payable at once or at the rate of $100.00 annually. Failure to pay will result in a suspension of your license to operate in New York State. This applies to out of state motorists as well. To add insult to injury, there is an additional charge of $25.00 per year for each of three years for each point exceeding six. For example, if one were to accumulate ten points, the annual surcharge would be $200 or $600 over the three years. Taking the Driver Safety Course does not result in a reduction of the surcharge.

Click here to see a chart of New York's Traffic Ticket Violation Point System

All New York State violations will be reported to DMV in Albany and added to the your current driver abstract where it will remain at least thirty nine (39) months. Violation history drops off at the end of the calendar year in which the 39th month occurs. If you are found guilty In NYS Traffic Violations Bureau (TVB) the update of your record occurs instantly as TVB and DMV share the same database. In Courts that transmit electronically the infraction will be entered by DMV upon receipt of the electronic batch record, normally at 12:01 AM the following day. When represented by a lawyer, the Courts allow the motorist two weeks to pay any fine imposed. Many courts do not "batch" up convictions until they are paid. This can be helpful if you are defending two or more violations as you may be able to calendar the appearances within a couple of weeks of each other so when plea bargaining the second ticket there is no record of the impending guilty verdict from the first one.

If you are insured in New York State and receive convictions which have points associated with them, these points will be held against you for up to four years. The bottom line is no one knows for sure if your insurance company will pick up the violation, but if they run your drivers abstract they will surcharge for the points associated with the conviction. We advise all drivers to retain an attorney with traffic violation experience to attempt to negotiate a plea bargain to a reduced charge. This is preferable to a moving violation with more points.

The following chart of United States Department of Motor Vehicle Location and contact numbers should be utilized by out of state drivers to either eliminate or minimize the impact on your insurance rates from convictions suffered in New York. Use the chart below to contact your state's Department of Motor Vehicle and ask how the pending New York traffic violation will affect you license.